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1981 Supreme(Bom) 338

CHANDURKAR, MEHTA
Hind Construction and Engineering – Appellant
Versus
Union of India – Respondent


Advocates:
S.S. Ray with N.R. Khaitan i/b M/s. Mulla and Mulla and Craigie Blunt and Caroe (in Appeals Nos.273 and 274 of 1976), for Appellant; H.H. Advani with R.L. Dalal (in Appeal No.273 of 1976) and H.H. Advani with A.M. Setalvad (in Appeal No.274 of 1976) For Respondent.

Judgement

CHANDURKAR, J. :- This Judgment will dispose of Appeals Nos.273 and 274 of 1976. Both these appeals arise out of two judgments delivered by Lentin J. in two Award Petitions which were filed by the Appellant Company, hereinafter referred to as 'the Contractor' for setting aside two Awards, dt. 14th Feb. 1974 arising out of disputes between the Contractor and the Union of India, the Respondent herein, in respect of a contract of construction for the development of the Naval Dockyard at Bombay, for which the tender of the Contractor was accepted by the Government of India. In view of the limited challenge to the two Awards, both in the trial Court as well as in this Court, it is not necessary to set out in detail the events which led to the contract of construction. It is sufficient to state that in connection with the scheme for the development of the Bombay Harbour on or about 1952, the Government of India had entered into an arrangement with a concern known as "Sir Alexander Gibb and Partners", referred to hereafter as "AGP Engineers" for the preparation of a detailed design after carrying out the necessary survey and investigation the contract which was intended to be giv



































































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